ANAR CHAND GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.P. Gupta, learned counsel for the petitioner and Mr. Shekhar Sinha, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 01.07.2005 passed by the learned 1st Additional Sessions Judge, Chaibasa in Cr. Appeal No. 25 of 2004, whereby and where under the judgment and order of conviction and sentence dated 01.05.2004 passed by the learned S.D.J.M., Sadar Chaibasa in G.R. Case No. 407 of 1996 (T.R. No. 372 of 2004), by which the petitioner has been convicted for the offences punishable under section 407 and 120B of the Indian Penal Code and sentenced to undergo R.I. for two years has been affirmed.

(3.) It has been submitted by Mr. R.P. Gupta, learned counsel for the petitioner that the main allegation has been levelled against Ramesh Chandra Gope and the petitioner being the driver of the vehicle has only been implicated because of the same. It has been submitted that there is no conspiracy hatched by the petitioner in taking away the amount of Rs. 85,000/- as the same was admittedly recovered on the confessional statement of co-accused Ramesh Chandra Gope. Learned counsel for the petitioner submits that the evidences adduced by the witnesses are not consistent and in such circumstances therefore the judgment of conviction and sentence be set aside. An alternative argument has been put forward by the learned counsel for the petitioner to the effect that if this Court is not inclined to interfere in the judgment of conviction the period of sentence imposed upon the petitioner be modified suitably considering the fact that the petitioner is facing the rigors of the prosecution case since the year 1996 and has also remained in custody for a period of about seven months.